PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           14 January 2003                  
	DOCKET NUMBER:   AR2002073293

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr.  W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded 4 years [entry grade] constructive service credit for his education, authorized back pay and that he be considered for promotion to captain by a special promotion selection board.

3.  The applicant states, in effect, that with a qualifying doctoral degree in clinical psychology he is entitled to 4 years constructive service credit.  He submits a photocopy of his diploma showing he was awarded a Doctor of Philosophy in Clinical Psychology on 29 August 1997.  He indicates that he only recently received a copy of his DA Form 5074-1-R, Record of Award of Entry Grade Credit (Health Service Officers), and became aware of this error.

4.  The applicant’s military records show that he was appointed an Army Reserve (USAR) second lieutenant with a pay entry base date and a date of rank of 24 September 1997.  Effective 5 December 1998, he was appointed a Medical Service Corps second lieutenant.  He received no constructive service credit.  

5.  During the processing of this case an advisory opinion was obtained from the Chief, Medical Service Corps Division, Army Recruiting Command.  It advised that the applicant should receive 4 years, 0 months and 0 days of entry grade credit.  A revised DA Form 5074-1-R reflecting this change and showing a date of rank as a first lieutenant of 24 September 1995 was provided.  

6.  The advisory opinion and revised DA Form 5074-1-R were forwarded to the applicant and he concurred.

CONCLUSIONS:

1.  The applicant should be authorized back pay based upon the entry grade credit and the changed date rank. 

2.  If appropriate, he should be considered by a special selection board for promotion to captain based upon his new date of rank and he should be promoted and paid, if selected.  

3.  In view of the foregoing, correcting the applicant’s records as recommended below would correct errors and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was; effective 24 September 1997, appointed a Reserve first lieutenant with a date of rank of 24 September 1995 and is authorized any back pay accruing.  

2.  If appropriate, he should be considered by a special promotion selection board for promotion to captain and, if selected, should be promoted and paid.  

BOARD VOTE:  

__MKP__  __JLP___  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson________
		        CHAIRPERSON

INDEX

CASE ID	AR2002073293	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	, GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.		
3.		
4.		
5.		
6.